Lawgist41Enhanced penalty on second or subsequent conviction
Whoever having already been convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.
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- 37 Meaning of applying geographical indications
- 38 Falsifying and falsely applying geographical indications
- 39 Penalty for applying false geographical indications
- 40 Penalty for selling goods to which false geographical indication is applied
- 41 Enhanced penalty on second or subsequent conviction
- 42 Penalty for falsely representing a geographical indication as registered
- 43 Penalty for improperly describing a place of business as connected with the Geographical Indications Registry
- 44 Penalty for falsification of entries in the register
- 45 No offence in certain cases
- 46 Forfeiture of goods
- 47 Exemption of certain persons employed in ordinary course of business
- 48 Procedure where invalidity of registration is pleaded by the accused
- 49 Offences by companies
- 50 Cognizance of certain offences and the powers of police officer for search and seizure
- 51 Costs of defence of prosecution
- 52 Limitation of prosecution
- 53 Information as to commission of offence
- 54 Punishment for abetement in India of acts done out of India
